I agree with my colleague. Because the judge is an authority figure, he has a certain credibility. If a judge tells the accused that he has the right to proceed in English or in French, I personally believe that that meets the active offer requirement. It's a bit like a school principal who tells a student that he has the right to do such or such a thing. It has real weight.
In my opinion, this meets the active offer requirement. When the offer comes from someone in a position of authority, it probably has more influence, which further favours the use of this right.